Ministers’ Deputies
CM Documents

CM(2009)7 13 January 20091
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1048 Meeting, 11 February 2009
4 Human rights

4.4 Steering Committee for Human Rights (CDDH)
a. Abridged report of the 67th meeting (Strasbourg, 25-28 November 2008)
b. CDDH preliminary opinion on the question of putting into practice certain procedures envisaged to increase the Court’s case-processing capacity
c. Requests for renewal/extension/creation of terms of reference for the CDDH and bodies answerable to it: Steering Committee for Human Rights (CDDH); Committee of Experts for the development of human rights (DH-DEV); Committee of Experts for the improvement of procedures for the protection of human rights (DH-PR); Committee of Experts on issues relating to the protection of national minorities (DH-MIN); Working group on human rights protection in the context of accelerated asylum procedures (GT-DH-AS); DH-DEV Group on human rights of members of the armed forces (DH-DEV-FA); Group of specialists on impunity (DH-I); Group of specialists on discrimination on grounds of sexual orientation and gender identity (DH-LGBT); Group of specialists on a draft statute for the European Court of Human Rights (DH-PR-STAT)

For consideration by the GR-H at its meeting on 3 February 2009

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BRIEF FOREWORD

1. The Steering Committee for Human Rights (CDDH) held its 67th meeting in Strasbourg from 25 to 28 November 2008. The agenda appears at Appendix 1.

2. The CDDH invited the Committee of Ministers:

a. to renew the mandates of the following bodies: Steering Committee for Human Rights (CDDH); Committee of Experts for the development of human rights (DH-DEV); Committee of Experts for the improvement of procedures for the protection of human rights (DH-PR); Committee of Experts on issues relating to the protection of national minorities (DH-MIN); Working group on human rights protection in the context of accelerated asylum procedures (GT-DH-AS); DH-DEV Group on human rights of members of the armed forces (DH-DEV-FA); and to authorise the creation of the following bodies: Group of specialists on impunity (DH-I); Group of specialists on discrimination on grounds of sexual orientation and gender identity (DH-LGBT); Group of specialists on a draft statute for the European Court of Human Rights (DH-PR-STAT) (Appendices 5 to 13);

b. to take note of its preliminary opinion on the question of putting into practice certain procedures envisaged to increase the Court’s case-processing capacity (DD(2008)678);

c. to take note of its practical proposals for the supervision of the execution of judgments of the Court in situations of slow execution (Appendix 2);

d. to take note of the activity report of its Committee of Experts on issues relating to the protection of national minorities (DH-MIN) (CM(2009)7 add);

e. to take note of the results of the elections to the presidency and vice-presidency of the CDDH, to three posts on its Bureau as well as to the presidencies of its committees DH-PR, DH-DEV and DH-MIN (Appendix 3);

f. to take note of the calendar of CDDH meetings and of those of the bodies answerable to it, subject to the availability of budgetary credits (Appendix 4).

* * * * *

Appendix 1

Agenda

1. Opening of the meeting, adoption of the agenda and order of business

2. Decisions of the Ministers’ Deputies concerning the CDDH

3. Invited key figures

4. Current activities

4.1 Reflection Group (DH-S-GDR)
4.2 Execution of judgments (GT-DH-PR A)
4.3 Improvement of procedures (DH-PR)
4.4 Development of human rights (DH-DEV)
4.5 National minorities (DH-MIN)
4.6 Accelerated asylum procedures (GT-DH-AS)
4.7 Armed forces (GT-DEV-FA)

5. Future activities

6. Renewal of Committees terms of reference

7. Elections

8. Experts representing the CDDH in other bodies

9. Guests to be invited to future meetings

10. Calendar of meetings

11. Other business

Appendix 2

Practical proposals for the supervision of the execution of judgments of the Court in situations of slow execution

At the outset, the CDDH noted that the concept of “slowness” in the expression “slow or negligent execution,” as used in its terms of reference, is an objective term describing a situation, whereas “negligence” is only one amongst many possible causes of that situation. The CDDH therefore proposed to use the expression “slow execution” in the title of its work, whilst nevertheless retaining the concept of negligence to be taken into consideration as a possible cause of slowness, in accordance with its terms of reference.

As regards the search for practical solutions for supervising slow execution, the CDDH noted that the Committee of Ministers, when fulfilling its role, must first overcome the obstacle of identifying such situations in the mass of almost 7000 cases under its supervision. Furthermore, it considered that, when a situation of slowness is identified, the Committee must when necessary be able to draw on a “stock” of tools allowing it to react as effectively as possible in order to relaunch the execution process or overcome obstacles.

In the first place, it thus appeared necessary, on the one hand, to identify objective indicators allowing the Committee of Ministers to identify possible slowness in execution and, on the other, to have available an inventory of the tools already at the disposal of the Committee of Ministers for reacting to such situations.

Having examined these two aspects of the question in the light of two documents prepared by the Department for the Execution of Judgments of the European Court,2 the CDDH formulated the following proposals, with a view to improving supervision by the Committee of Ministers in cases of slow execution. In this respect and taking account of the richness and diversity of the existing tools, the CDDH underlined that most of these proposals aimed at improving these tools’ effectiveness (I). Furthermore, during discussions, certain necessary improvements were identified that went beyond the context of situations of slowness and affected the supervision of execution in its entirety. The CDDH therefore proposed that these be the object of a wider reflection than that envisaged by its current terms of reference (II).

I. Propositions aimed at improving existing tools

    1. Consolidating the practice of action plans

The CDDH considered that, in order to avoid situations of slowness, it was essential that the respondent State stated its position, as soon as possible after a judgment had become final, on what it considered to be necessary to execute the judgment in question, not only when measures were required, but also when it considered that all the necessary measures had already been taken or that no measures were necessary.

In this connection, the concept of “action plan” introduced in the Committee of Ministers’ new working methods in 2004 appeared to be a key concept worth clarifying and reinforcing.

The CDDH therefore proposed to add the concept of “action report” to that of “action plan,” in order to clarify precisely what was expected of respondent States, notably when no measures was required or when all measures had already been adopted.

    Action plan: a plan setting out the measures the respondent State intends to take to implement a judgment, including an indicative timetable. The Plan shall, if possible, set out all measures necessary to implement the judgment. Alternatively, where it is not possible to determine all measures immediately, the Plan shall set out the steps to be taken to determine the measures required, including an indicative timetable for such steps. Plans shall be updated when necessary.

    Action report: information provided by the respondent State setting out the measures taken to implement the judgment, and/ or its explanation of why no further measures are necessary.

Such an approach would allow:

- more rapid agreement, based on the action plans/ reports submitted by States, to be reached on what is required for the execution of a judgment (with situations of uncertainty or differences of opinion being presented rapidly to the CM);
- facilitation of the Committee’s supervision, not only by helping it to identify possible situations of slowness, but also by allowing it to simplify the supervision of cases that do not present particular problems and to concentrate its attention on the most complex cases;
- and, at the end of the process, cases to be closed more easily, after examination of the action reports presented by respondent States.

    2. Improvement of existing practices

a. In order to overcome or avoid situations of slowness in the execution of judgments, the CDDH considered it essential first of all to pursue efforts aimed at increasing the visibility and comprehensibility of the requirements for executing judgments of the European Court, as well as the role and practice of the Committee of Ministers in the matter, notably by:

    (i) development of the internet site and the on-line database,
    (ii) translation of important Committee of Ministers’ documents (recommendations, resolutions, important decisions…).

b. In order to respond to slowness concerning just satisfaction, the CDDH proposed to encourage the development of existing practices, such as bilateral contacts on problems arising in relation to just satisfaction, dissemination and, if necessary, translation of the memorandum on these issues, and even use of Section 3c of the annotated order of business, in order to debate and resolve particularly complex situations;

c. As regards other measures that may be required, enhanced assistance to States also allows many difficulties causing delay in execution of judgments to be alleviated. The CDDH therefore considered it essential to support the development of technical cooperation programmes, conferences, etc…, as well as the capacity of the Execution Department to assist States through enhanced bilateral contacts.

d. The development of the role of the Chair of Committee of Ministers’ DH meetings also seemed an important element, so as to allow the Committee, through its Chair, to react rapidly when a situation required it, without having to wait for the next DH meeting.

    3. New practical proposals

During discussions on delays concerning just satisfaction, the CDDH also identified several practical, concrete elements, whose immediate implementation it recommended:

a. clarification and simplification of the information necessary to show that just satisfaction had been paid ;

b. improvement of Section 3 of the annotated order of business, notably by including the date on which the judgment had become final and by early identification of payment difficulties, whether resulting from payment or proof of payment.

II. Invitation to a more in-depth reflection

The need to improve the legibility of Committee documents, in particular the annotated order of business, was a recurrent theme of discussions. It appeared crucial as much for avoiding slowness due to problems of understanding as for allowing the identified indicators of slowness to fulfil their role.

Underlining the need to establish a hierarchy of cases and to differentiate their treatment according to the degree of difficulty, the CDDH identified certain avenues for reflection, notably concerning the relevance and clarity of the current sections, the usefulness of perhaps introducing thematic grouping, etc…

That said, the possible practical proposals concerning these issues can only be studied in a larger context than that of the issue of slow execution, taking into account also other aspects such as, for example, the choice and diversity of cases for debate or developments in information technology.

The CDDH therefore proposes that an in-depth reflection be pursued, which it declares itself ready to undertake should terms of reference be given to it.

Appendix 3

Composition of the Bureau of the CDDH and chairmanship of Committees
following the elections at the 67th meeting of the CDDH (25-28 November 2008)

BUREAU OF THE CDDH

END OF TERM OF OFFICE

REFERENCES

Ms Deniz AKÇAY
(Turkey), Chairperson

31 December 2009
(One-year term, not renewable)

67th meeting (November 2008)

Ms Almut WITTLING-VOGEL
(Germany), Vice – Chairperson

31 December 2009
(One-year term, not renewable)

67th meeting (November 2008)

Mr Ignacio BLASCO LOZANO
(Spain), Member

31 December 2009
(Two-year term, not renewable)

65th meeting (November 2007)

Mr Derek WALTON
(United Kingdom), Member

31 December 2009
(Two-year term, renewable once)

65th meeting (November 2007)

Mrs Anne-Françoise TISSIER (France), Member

31 December 2009
(Two-year term, renewable once)

66th meeting (March 2008)

Ms Inga REINE
(Latvia), Member

31 December 2010
(Two-year term, not renewable)

67th meeting (November 2008)

Mr Vit SCHORM (the Czech Republic), Member

31 December 2010
(Two-year term, renewable once)

67th meeting (November 2008)

Mr Franck SCHURMANN (Switzerland), Member

31 December 2010
(Two-year term, renewable once)

67th meeting (November 2008)

DH-PR

   

Mrs Björn THORARENSEN (Iceland), Chairperson

31 December 2009
(One year term, renewable once)

67th meeting (November 2008)

DH-DEV

   

Mrs Camilla BUSCK-NIELSEN (Finland), Chairperson

31 December 2009
(One year term, renewable once)

67th meeting (November 2008)

DH-MIN

   

Ms Milena KLAJNER (Croatia), Chairperson

31 December 2009
(One year term, renewable once)

67th meeting (November 2008)

Appendix 4

Calendar of future meetings of the CDDH and the bodies answerable to it
updated on 14 December 2008

The CDDH noted during its November 2008 meeting that the calendar was presented subject to the availability of budgetary credits and that, for this reason, certain envisaged meetings may not be able to take place in 2009. It would return to this question during its meeting in March 2009.

    2009

 

    4th meeting of the Reflection Group (DH-S-GDR)

28-30 January 2009

    6th meeting of the Working Group on Human Rights Protection in the context of accelerated Asylum Procedures (GT-DH-AS)

18-20 February 2009

    1st meeting of the Group on non-discrimination (DH-LGBT)

18-20 February 2009

    77th meeting of the Bureau of the Steering Committee for Human Rights (CDDH-BU)

26-27 February 2009

    5th meeting of the Reflection Group (DH-S-GDR)

4-6 March 2009

    38th meeting of the Committee of Experts for the Development of Human Rights (DH-DEV)

11-13 March 2009

    68th meeting of the Steering Committee for Human Rights (CDDH)

24-27 March 2009

    9th meeting of the Committee of Experts on questions related to the protection of national minorities (DH-MIN)

1-3 April 2009

    5th meeting of the Working Group on Human Rights of Members of the Armed Forces (DH-DEV-FA)

13-15 May 2009

    1st meeting of the Group on a Statute for the Court (DH-PR-STAT)

3-5 June 2009

    2nd meeting of the Group on non-discrimination (DH-LGBT)

3-5 June 2009

    1st meeting Fight against Impunity (DH-I)

9-11 September 2009

    65th meeting of the Committee of Experts for the Improvement of Procedures for the Protection of Human Rights (DH-PR)

16-18 September 2009

    39th meeting of the Committee of Experts for the Development of Human Rights (DH-DEV)

23-25 September 2009

    6th meeting of the Reflection Group (DH-S-GDR)

7-9 October 2009

    6th meeting of the Working Group on Human Rights of Members of the Armed Forces (DH-DEV-FA)

7-9 October 2009

    78th meeting of the Bureau of the Steering Committee for Human Rights (CDDH-BU)

22-23 October 2009

    10th meeting of the Committee of Experts on questions related to the protection of national minorities (DH-MIN)

9-13 November 2009

    69th meeting of the Steering Committee for Human Rights
    (CDDH)

24-27 November 2009

Appendix 5

Draft terms of reference of the Steering Committee for Human Rights (CDDH)

Fact Sheet

Name of Committee:

Steering Committee for Human Rights (CDDH)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

Programme I.1.2. “Improving procedures, mechanisms and remedies”
2008/DGHL/1402 “Enhancing the effectiveness of the ECHR protection at national level”
2008/DGHL/1403 “Enhancing the control system of the ECHR”
Programme I.2.4. “Framework Convention for the protection of national minorities” (independent mechanism)
2008/DGHL/1407 “Protecting and promoting the rights of persons belonging to national minorities”
Programme I.3.1. “Human rights law and policy development”
2008/DGHL/1408 “Coherence and synergies in the development of HR law and policy of different fora (UN, EU, OSCE)”
2008/DGHL/1409 “Substantive legal analysis of HR issues and input in the development of COE policies on such issues”

Project relevance:

The action plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005; CM(2005)80 final 17 May 2005), notably chapters I.1. “Ensuring the continued effectiveness of the European Convention on Human Rights”, I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”, I.3. “Strengthening democracy, good governance and the rule of law in member states”, II.1. “Combating terrorism” and III.6. “Fostering intercultural dialogue”.

The Statute of the Council of Europe (1949, CETS No. 001) – Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.

The source of political justification and framework of the current work of the CDDH stem also from the political texts adopted at the European Ministerial Conference on Human Rights (Rome, 3-4 November 2000): Declaration “The European Convention on Human Rights at 50: what future for the protection of human rights in Europe?”; Resolution I “Institutional and functional arrangement for the protection of human rights at national and European level”; Resolution II “Respect for human rights, a key factor for democratic stability and cohesion in Europe: current issues”.

The appropriateness of intergovernmental cooperation work in Europe in the field of human rights is obvious, having regard to the need to maintain and develop high level protection and respect of human rights in Europe.

Project added value:

The Council of Europe is the most suitable European body to achieve intergovernmental cooperation work in the field of human rights, including addressing topical issues such as human rights and the protection of the environment or human rights in a multicultural society. The CDDH is often invited by the CM to give its opinion on draft legal and political texts produced by other bodies, in particular the Parliamentary Assembly.

 

The work of the CDDH contributes to the elaboration, promotion and implementation of Council of Europe standards in the field of human rights. For instance, Protocols No.12, 13 and 14 to the ECHR; the draft European Convention on access to official documents; Guidelines on human rights in the fight against terrorism; Recommendations concerning the national level of the reform of the human rights protection system, etc. These standards reflect in particular the evolving case-law of the European Court of Human Rights and contribute to help member states to elaborate, promote and implement national legislation and policy in the field of human rights in full compliance with the fundamental values of the Council of Europe.

In partnership with other international organisations (governmental or otherwise) which are represented at its meetings, the CDDH particularly pays attention at avoiding any duplication and providing contributions from its own specific “human rights” perspective, referring in particular to the standards emanating from the Court’s case-law (see also Project 2008/DGHL/1408 mentioned above).

Financial information:

The CDDH (47 members + president) meets twice a year, as does its Bureau (8 members).

The total cost per year for these meetings is about €157 000 = €122 000 (experts costs) + €20 000 (interpretation costs) + €8 000 (translation costs) + €4 000 (production of documents) + €3 000 (publication costs).

Draft terms of reference of the Steering Committee for Human Rights (CDDH)

1.

Name of Committee:

Steering Committee for Human Rights (CDDH)

2.

Type of Committee:

Steering Committee

3.

Source of terms of reference:

Committee of Ministers

4.

Terms of reference:

 

Having regard to :

-

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

-

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005); CM(2005)80 final 17 May 2005), in particular chapters I.1. “Ensuring the continued effectiveness of the European Convention on Human Rights”, I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”, I.3. “Strengthening democracy, good governance and the rule of law in member states”, II.1. “Combating terrorism” and III.6. “Fostering intercultural dialogue”;

-

the Convention for the Protection of Human Rights and Fundamental Freedoms (1950, CETS No. 005), the European Social Charter revised (1996, CETS No. 163) and the Framework Convention for the Protection of National Minorities (1995, CETS No. 157).

 

Within the framework of the Programme of Activities, under Programmes I.1.2. “Improving procedures, mechanisms and remedies”; I.2.4. “Framework Convention for the protection of national minorities” (independent mechanism); Programme I.3.1. “Human rights law and policy development”, the Committee is instructed to:

i.

contribute to ensuring the continued effectiveness of the European Convention on Human Rights (chapter I, Line of Action 1.1) by improving procedures, mechanisms and remedies. To this end, the CDDH is instructed to implement the three specific projects entitled “intergovernmental work to promote effective national measures in support of the reform of the HR system”; “reform of the system of the Convention for the Protection of Human Rights and Fundamental Freedoms”, and “securing effective national remedies, including special remedies for pilot cases” ;

ii.

protect and promote human rights through the other Council of Europe institutions and mechanisms (chapter I, Line of Action 1.2) by collaborating with the Steering committees, ad hoc Committees and other bodies referred to in the Road map for the implementation of the Action Plan. The CDDH is particularly instructed to play a dynamic role in protecting the right of individuals and promoting the engagement of NGOs to actively defend human rights and to encourage intergovernmental cooperation with respect to the protection and promotion of the rights of persons belonging to national minorities ;

iii.

promote human rights in public policy (chapter I, Line of Action 1.3). To this end, the CDDH is instructed to contribute to guaranteeing “coherence and synergies in the development of HR law and policy”; proceed to “substantive legal analysis of HR issues and input in the development of Council of Europe policies on such issues” ;

iv.

regularly exchange views on recent developments concerning economic and social rights and their impact on the system of the European Convention on Human Rights ;

v.

contribute to consolidating democracy and good governance and the rule of law within member states (chapter III, Line of action III.1), by means of standard-setting work aimed at guaranteeing the right of the public to have access to official documents ;

vi.

contribute to the implementation of chapter II of the Plan of Action on strengthening security of European citizens with regard to item 1 (combating terrorism). The CDDH is instructed to follow as appropriate, in close cooperation with CODEXTER, the implementation of the Guidelines it elaborated in this field ;

vii.

contribute to the implementation of chapter III of the Plan of Action on building a more humane and inclusive Europe, with regard to item 6 (fostering intercultural dialogue) ;

viii.

carry out any other activity which might be assigned to it by the Committee of Ministers and coordinate work of the bodies answerable to it;

ix.

while taking account of the progress of this work, prepare, under its responsibility, proposals for the Programme of Activities for the coming years.

5.

Composition of the Committee:

5.A

Members

The governments of all member states are entitled to appoint representatives of the highest possible rank in the field of human rights and with the following desirable qualifications: senior officials and experts responsible for human rights questions or policies at national and international level or other renowned personalities in the field of human rights.

The Council of Europe's budget bears travelling and subsistence expenses for one expert per member state (two in the case of the state whose expert has been elected Chairperson).

5.B

Participants

i.

The following committees may send (a) representative(s) to meetings of the Committee without the right to vote and at the expense of corresponding budgetary articles of the Council of Europe:

- Committee of Legal Advisers on Public International Law (CAHDI)
- European Committee on Legal Cooperation (CDCJ)
- European Committee on Crime Problems (CDPC)
- Steering Committee on Bioethics (CDBI)
- Steering Committee on the Media and New Communication Services (CDMC)
- Steering Committee for Equality between Women and Men (CDEG)
- European Committee for Social Cohesion (CDCS)
- European Committee on Migration (CDMG).
- Committee of Experts onTerrorism (CODEXTER)

ii.

The Parliamentary Assembly may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iii.

The Congress of Local and Regional Authorities of the Council of Europe may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iv.

The Council of Europe Commissioner for Human Rights may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

v.

The Registry of the European Court of Human Rights may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

vi.

The European Commission against Racism and Intolerance (ECRI) may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

vii.

The Conference of INGOs of the Council of Europe may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of the body that (s)he (they) represent(s).

5.C

Other participants

i.

The European Commission and the Council of the European Union may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses.

ii.

States with observer status of the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses.

iii.

The following intergovernmental organisations may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses:

- the Organisation for Security and Co-operation in Europe (OSCE) / the Office for Democratic Institutions and Human Rights (ODIHR);
- the Office of the United Nations High Commissioner for Human Rights.

5.D

Observers

The following non member state:

- Belarus

 

and the following non governmental organisations:

- Amnesty International;
- International Commission of Jurists (CIJ);
- International Federation of Human Rights (FIDH);
- European Roma and Travellers Forum;
- European Group of National Institutions for the Promotion and Protection of Human Rights

may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses.

6.

Working methods and structures:

i.

The Steering Committee has a Bureau that comprises 8 members.

ii.

The Committee also bears travelling and subsistence expenses for a representative of a subordinate Committee of the CDDH to attend a CDDH meeting when that subordinate Committee has specifically been requested to be represented at the meeting.

iii.

If need be and within the limits of available budgetary appropriations, the Steering Committee may decide to associate any other person, committee or organisation with its work on a particular item on its agenda, in the manner which seems most relevant (participation in the plenary meeting or in that of the Bureau, hearing, exchange of views, written consultation, etc.).

iv.

Within the limits of available budgetary appropriations and to expedite the progress of its work, the Committee may entrust specific tasks to ad hoc advisory groups (i.e. groups of specialists, of limited composition, not necessarily drawn from the parent committee) and may, where necessary, call on external experts or consultants.

v.

Within the limits of available budgetary appropriations, the Committee may organise hearings with representatives of NGOs and of national institutions for the promotion and protection of human rights (NHRIs), as well as with any other third party in a position to contribute to its work.

7.

Duration:

 

These terms of reference will expire on 31 December 2011.

Appendix 6

Draft terms of reference of the Committee of Experts for the development of human rights (DH-DEV)

Fact Sheet

Name of Committee:

Committee of Experts for the development of human rights (DH-DEV)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

2008/DGHL/1408 “Coherence and synergies in the development of HR law and policy of different fora (UN, EU, OSCE)”
2008/DGHL/1409 “Substantive legal analysis of HR issues and input in the development of COE policies on such issues”

Project relevance:

The action plan of the third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005; CM(2005)80 final 17 May 2005), notably chapters I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”, and III.6. “Fostering intercultural dialogue”.

The Statute of the Council of Europe (1949, CETS No. 001) – Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.

The source of political justification and framework of the current work of the DH-DEV stem also from the political texts adopted at the European Ministerial Conference on Human Rights (Rome, 3-4 November 2000): Declaration “The European Convention on Human Rights at 50: what future for the protection of human rights in Europe?”; Resolution II “Respect for human rights, a key factor for democratic stability and cohesion in Europe: current issues”.

Project added value:

The Council of Europe is the most suitable European body to achieve intergovernmental cooperation work in the field of human rights. Under the authority of the CDDH, the work of the DH-DEV contributes to the elaboration, promotion and implementation of Council of Europe standards in the field of human rights, in full compliance with the core values of the Organisation. For instance, Protocols No.12 (general prohibition of discrimination) and No. 13 (abolition of the death penalty in all circumstances) to the ECHR.

Having particular regard to the evolving case-law of the European Court of Human Rights and emerging new challenges and issues, the DH-DEV plays a key role in examining these issues ( for example : recently published manual on human rights and the environment; examination underway of issues raised by hate speech and the wearing of religious symbols in public areas).

Work carried out by the DH-DEV lends itself to partnerships with other international organisations, governmental or otherwise, which are represented at its meetings. It pays particular attention at avoiding any duplication and providing contributions from its own specific “human rights” perspective (see also Project 2008/DGHL/1408 mentioned above).

Financial information:

The DH-DEV (47 members + president) meets once or twice a year, depending on the need of its agenda and other priorities of the CDDH.

The maximum yearly cost is about €121 000 = €90 000 (experts costs) + €20 000 (interpretation costs) + €4 000 (translation costs) + €4 000 (production of documents) + €3 000 (publication costs).

Minimum yearly cost (one meeting): about €61 000.

Draft terms of reference of the Committee of Experts for the development of human rights (DH-DEV)

1.

Name of Committee:

Committee of Experts for the development of human rights (DH-DEV)

2.

Type of Committee:

Committee of Experts

3.

Source of terms of reference:

The Committee of Ministers on the proposal of the Steering Committee for Human Rights (CDDH)

4.

Terms of reference:

 

Having regard to:

-

the Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

-

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005); CM(2005)80 final 17 May 2005), in particular chapters I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms” and III.6. “Fostering intercultural dialogue”;

-

the Convention for the Protection of Human Rights and Fundamental Freedoms (1950, CETS No. 005) and the European Social Charter revised (1996, CETS No. 163).

 

Under the authority of the Steering Committee for Human Rights (CDDH) and in relation to Projects 2008/DGHL/1408 “Coherence and synergies in the development of HR law and policy of different fora (UN, EU, OSCE)” and 2008/DGHL/1409 “Substantive legal analysis of HR issues and input in the development of COE policies on such issues” of the Programme of Activities, the Committee is instructed to:

i.

contribute to the strengthening, extension and promotion of the rights protected by the European Convention on Human Rights through the preparation of appropriate instruments (e.g. conventions, protocols, recommendations, declarations or guidelines) or documents (e.g. reports or surveys);

ii.

carry out any other activity which the CDDH might submit to it in the execution of its own terms of reference.

5.

Composition of the Committee:

5.A

Members

Governments of member states are entitled to appoint representatives with the relevant qualifications in human rights law and policy.

The Council of Europe budget will bear the travel and subsistence expenses of one representative from each member state (two in the case of the state whose expert has been elected Chairperson).

5.B

Participants

i.

The Parliamentary Assembly may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

ii.

The Council of Europe Commissioner for Human Rights may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iii.

The European Commission against Racism and Intolerance (ECRI) may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iv.

The Conference of INGOs of the Council of Europe may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of the body that (s)he (they) represent(s).

5.C

Other participants

i.

The European Commission and the Council of the European Union may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses.

ii.

States with observer status of the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses.

iii.

The following intergovernmental organisations may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses:

- the Organisation for Security and Co-operation in Europe (OSCE) / the Office for Democratic Institutions and Human Rights (ODIHR);
- the Office of the United Nations High Commissioner for Human Rights.

5.D

Observers

The following non member state:

- Belarus

and the following non governmental organisations:

- Amnesty International;
- International Commission of Jurists (CIJ);
- International Federation of Human Rights (FIDH);
- European Roma and Travellers Forum;
- European Group of National Institutions for the Promotion and Protection of Human Rights

may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses.

6.

Working methods and structures:

i.

Within the limits of available budgetary appropriations and to expedite the progress of its work, the Committee may entrust specific tasks to ad hoc advisory groups (i.e. groups of specialists, of limited composition, not necessarily drawn from the parent committee) and may, where necessary, call on external experts or consultants.

ii.

Depending on its agenda and within the limits of available budgetary appropriations, the Committee may invite to its meetings or organise hearings with representatives of NGOs and of national institutions for the promotion and protection of human rights (NHRIs), as well as any other third party in a position to contribute to its work.

7.

Duration:

 

These terms of reference will expire on 31 December 2011.

Appendix 7

Draft terms of reference of the Committee of Experts for the improvement of procedures for the protection of Human Rights (DH-PR)

Fact Sheet

Name of Committee:

Committee of Experts for the improvement of procedures for the protection of Human Rights (DH-PR)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

2008/DGHL/1402 “Enhancing the effectiveness of the ECHR protection at national level”
2008/DGHL/1403 “Enhancing the control system of the ECHR”

Project relevance:

The Action Pplan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005; CM(2005)80 final 17 May 2005), notably chapter I.1. “Ensuring the continued effectiveness of the European Convention on Human Rights”.

The Statute of the Council of Europe (1949, CETS No. 001) – Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.

The source of political justification and framework of the current work of the DH-PR stem also from the political texts adopted at the European Ministerial Conference on Human Rights (Rome, 3-4 November 2000): Declaration “The European Convention on Human Rights at 50: what future for the protection of human rights in Europe?”; Resolution I “Institutional and functional arrangement for the protection of human rights at national and European level”. More recently, the Ministers’ Deputies submitted their report CM(2006)39 final to the 116th Session of the Committee of Ministers on “Ensuring the continued effectiveness of the European Convention on Human Rights – The implementation of the reform measures adopted by the Committee of Ministers at its 114th Session (12 May 2004)”. Finally, at its 116th Session, the Committee of Ministers adopted on 19 May 2006 the “Declaration on sustained action to ensure the effectiveness of the implementation of the European Convention on Human Rights at national and European levels”.

This work is necessary given the need to preserve the effectiveness of the human rights’ protection system in Europe, which is faced with a constant influx of applications, as well as to improve the implementation of the ECHR at the national level.

Project added value:

Work carried out by the DH-PR is specific to the Council of Europe.

Under the authority of the CDDH, the work of the DH-PR contributes not only to the improvement of the human rights protection system at the European level (the best recent examples being Protocol No. 14 to the ECHR amending the control system of the Convention and the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements, adopted on 10 May 2006), but also at national level.

The DH-PR is also instructed to submit to the Ministers’ Deputies concrete proposals to address situations of slow and negligent execution of judgments of the Court.

Financial information:

The DH-PR (47 members + president) meets once or twice a year, depending on the need of its agenda and other priorities of the CDDH.

The maximum yearly cost is about €121 000 = 90 000 (experts costs) + €20 000 (interpretation costs) + €4 000 (translation costs) + €4 000 (production of documents) + €3 000 (publication costs).

Minimum yearly cost (one meeting): about €61 000.

Draft terms of reference of the Committee of Experts for the improvement of procedures for the protection of Human Rights (DH-PR)

1.

Name of Committee:

Committee of Experts for the improvement of procedures for the protection of Human Rights (DH-PR)

2.

Type of Committee:

Committee of Experts

3.

Source of terms of reference:

The Committee of Ministers on the proposal of the Steering Committee for Human Rights (CDDH)

4.

Terms of reference:

Having regard to:

-

the Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

-

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005); CM(2005)80 final 17 May 2005), in particular chapter I.1. “Ensuring the continued effectiveness of the European Convention on Human Rights”;

-

the report CM(2006)39 final by the Ministers’ Deputies to the 116th Session of the Committee of Ministers on “Ensuring the continued effectiveness of the European Convention on Human Rights – The implementation of the reform measures adopted by the Committee of Ministers at its 114th Session (12 May 2004)” ;

-

the Declaration of the Committee of Ministers on sustained action to ensure the effectiveness of the implementation of the European Convention on Human Rights at national and European levels (adopted on 19 May 2006 at its 116th Session, see document Dec-19.05.2006E) ;

-

the Convention for the Protection of Human Rights and Fundamental Freedoms (1950, CETS No. 005) and Protocol No. 14 to the ECHR, amending the control system of the Convention (2004, CETS No. 194).

 

Under the authority of the Steering Committee for Human Rights (CDDH) and in relation with the implementation of the Projects 2008/DGHL/1402 “Enhancing the effectiveness of the ECHR protection at national level” and 2008/DGHL/1403 “Enhancing the control system of the ECHR” of the Programme of Activities, the Committee is instructed to:

i.

carry out activities concerning the improvement of the procedure for safeguarding human rights concerning the Intergovernmental Programme of Activities, through the preparation of appropriate instruments (e.g. conventions, protocols, recommendations, declarations or guidelines) or documents (e.g. reports or surveys) ;

ii.

study in particular improvements in the procedures under the European Convention on Human Rights;

iii.

carry out any other activity which the CDDH might submit to it in execution of its own terms of reference.

5.

Composition of the Committee:

5.A

Members

Governments of member states are entitled to appoint representatives with the relevant qualifications in procedures under international instruments for the protection of human rights, and in particular the European Convention on Human Rights.

The Council of Europe budget will bear the travel and subsistence expenses of one representative from each member state (two in the case of the state whose expert has been elected Chairperson).

5.B

Participants

i.

The following Committees may each send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of the corresponding CoE budget sub-heads:

- European Committee on Legal Cooperation (CDCJ);
- European Commission for Efficiency though Justice (CEPEJ);
- European Commission for democracy though law (“Venice Commission”).

ii.

The Parliamentary Assembly may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iii.

The Council of Europe Commissioner for Human Rights may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iv.

The Registry of the European Court of Human Rights may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

v.

The Conference of INGOs of the Council of Europe may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of the sending body.

5.C

Other participants

i.

The European Commission and the Council of the European Union may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses.

ii.

States with observer status of the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses.

iii.

The following intergovernmental organisations may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses:

- the Organisation for Security and Co-operation in Europe (OSCE) / the Office for Democratic Institutions and Human Rights (ODIHR);
- the Office of the United Nations High Commissioner for Human Rights.

5.D

Observers

The following non member state:

- Belarus

and the following non governmental organisations :

- Amnesty International;
- International Commission of Jurists (CIJ);
- International Federation of Human Rights (FIDH);
- European Roma and Travellers’ Forum;
- European Group of National Institutions for the Promotion and Protection of Human Rights

may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses.

6.

Working methods and structures:

i.

Within the limits of available budgetary appropriations and to expedite the progress of its work, the Committee may entrust specific tasks to ad hoc advisory groups (i.e. groups of specialists, of limited composition, not necessarily drawn from the parent committee) and may, where necessary, call on external experts or consultants.

ii.

Depending on its agenda and within the limits of available budgetary appropriations, the Committee may invite to its meetings or organise hearings with representatives of NGOs and of national institutions for the promotion and protection of human rights (NHRIs), as well as any other third party in a position to contribute to its work.

7.

Duration:

 

These terms of reference will expire on 31 December 2011.

Appendix 8

Draft terms of reference of the Committee of Experts on issues relating to the protection of national minorities (DH-MIN)

Fact Sheet

Name of Committee:

Committee of Experts on issues relating to the protection of national minorities (DH-MIN)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

2008/DGHL/1407 “Protecting and promoting the rights of persons belonging to national minorities”

Project relevance:

The Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005; CM(2005)80 final 17 May 2005), notably chapter I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”.

The Statute of the Council of Europe (1949, CETS No. 001) – Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.

The source of political justification and framework of the current work of the DH-MIN stem also from the political texts adopted at the European Ministerial Conference on Human Rights (Rome, 3-4 November 2000): Resolution II “Respect for human rights, a key factor for democratic stability and cohesion in Europe: current issues”.

This work is intergovernmental in nature and covers all member states. Consequently, it complements the work carried out in the context of the Framework Convention for the protection of national minorities which, on the one hand, consists in monitoring the respect of commitments and, on the other, only concerns, strictly speaking, the states parties to this instrument.

Project added value:

The Council of Europe is the most suitable European body to exchange views and experiences in the field of the protection of national minorities in the human rights perspective. The work of the DH-MIN, which also involves representatives of civil society, contributes to help member states to elaborate, promote and implement national legislation and policy in the field of human rights in full compliance with the fundamental values of the Council of Europe.

The work of the DH-MIN lends itself to partnerships with other international organisations (governmental or otherwise), which are represented at its meetings. Under the authority of the CDDH, the DH-MIN pays particular attention at avoiding any duplication and providing contributions from its own specific “human rights” perspective.

Financial information:

The DH-MIN (47 members + president) meets once or twice a year, depending on the need of its agenda and other priorities of the CDDH.

The maximum yearly cost is about €121 000 = €90 000 (experts costs) + €20 000 (interpretation costs) + €4 000 (translation costs) + €4 000 (production of documents) + €3 000 (publication costs).

The minimum yearly cost (one meeting) would be about €61 000.

Draft terms of reference of the Committee of Experts on issues relating to the protection of national minorities (DH-MIN)

1.

Name of Committee:

Committee of Experts on issues relating to the protection of national minorities (DH-MIN)

2.

Type of Committee:

Committee of Experts

3.

Source of terms of reference:

The Committee of Ministers on the proposal of the Steering Committee for Human Rights (CDDH)

4.

Terms of reference:

 

Having regard to:

-

the Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

-

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005); CM(2005)80 final 17 May 2005), in particular chapter I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”;

-

Decision No. CM/Del/Dec(2007)984/4.1b/appendix13E containing the specific terms of reference of the DH-MIN adopted at the 984th meeting of the Committee of Ministers held on 17-18 January 2007;

-

the Convention for the Protection of Human Rights and Fundamental Freedoms (1950, CETS No. 005) and the Framework Convention for the Protection of National Minorities (1995, CETS No  157).

 

Under the authority of the Steering Committee for Human Rights (CDDH) and in relation with the implementation of Project 2008/DGHL/1407 “Protecting and promoting the rights of persons belonging to national minorities”, the Committee is instructed to:

i.

act as a forum for the exchange of information, views and experience on policies and good practice for the protection of national minorities at domestic level and in the context of relevant international legal instruments, including those of the Council of Europe, without pursuing activities relating to monitoring the situation in individual member states;

ii.

carry out a reflection on transversal issues relevant to member states, drawing on the results of the monitoring mechanism of the Framework Convention for the Protection of National Minorities and, where appropriate, the work of other bodies dealing with related issues and especially the OSCE High Commissioner on National Minorities;

iii.

identify and assess ways and means of further enhancing European co-operation on issues relating to the protection of national minorities and, where appropriate, to make proposals to this effect for consideration by the CDDH, including studies and draft recommendations on issues of general interest;

iv.

prepare draft opinions for the CDDH on relevant issues, including in particular recommendations of the Parliamentary Assembly or the Congress of Local and Regional Authorities of the Council of Europe;

v.

In so doing, it shall, where appropriate,

-

carry out or commission relevant policy-research;

-

involve in its work representatives of national minorities and non-governmental organisations with recognised competence in this field, notably by organising hearings with them.

 

While carrying out its terms of reference, the DH-MIN shall ensure full respect of the functioning of the monitoring mechanism of the Framework Convention for the Protection of National Minorities and other monitoring mechanisms in related fields.

5.

Composition of the Committee:

5.A

Members

Governments of member states are entitled to appoint representatives with the relevant qualifications in the field of protection of national minorities.

The Council of Europe budget will bear the travel and subsistence expenses of one representative from each member state (two in the case of the state whose expert has been elected Chairperson).

5.B

Participants

i.

The following Committees may each send (a) representative(s) to meetings of the Committee, without the right to vote and at the charge of the corresponding Council of Europe budget sub-heads:

- the Advisory Committee of the Framework Convention for the Protection of National Minorities (ACFC);
- the Committee of Experts on the European Charter for Regional or Minority Languages.

ii.

The Parliamentary Assembly may send a representative to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iii.

The Congress of Local and Regional Authorities of the Council of Europe may send a representative to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iv.

The Council of Europe Commissioner for Human Rights may send a representative to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

v.

The European Commission against Racism and Intolerance (ECRI) may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

vi.

The Conference of INGOs of the Council of Europe may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of the body that (s)he (they) represent(s).

5.C

Other participants

i.

The European Commission and the Council of the European Union may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses.

ii.

States with observer status of the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses.

iii.

The following bodies and intergovernmental organisations may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses :

- Organisation for Security and Co-operation in Europe (OSCE) / Office for Democratic Institutions and Human Rights (ODIHR);
- United Nations High Commissioner for Human Rights;
- United Nations High Commissioner for Refugees;
- OSCE High Commissioner on National Minorities.

5.D

Observers

The following non member state:

- Belarus

and the following non governmental organisations:

- Amnesty International;
- International Commission of Jurists (CIJ);
- International Federation of Human Rights (FIDH);
- European Roma and Travellers Forum;
- European Group of National Institutions for the Promotion and Protection of Human Rights

may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses.

6.

Working methods and structures:

i.

Within the limits of available budgetary appropriations and to expedite the progress of its work, the Committee may entrust specific tasks to ad hoc advisory groups (i.e. groups of specialists, of limited composition, not necessarily drawn from the parent committee) and may, where necessary, call on external experts or consultants.

ii.

Depending on its agenda and within the limits of available budgetary appropriations, the Committee may invite to its meetings or organise hearings with representatives of NGOs and of national institutions for the promotion and protection of human rights (NHRIs), as well as any other third party in a position to contribute to its work.

7.

Duration:

 

These terms of reference will expire on 31 December 2011.

Appendix 9

Draft terms of reference of the Working Group on Human Rights protection in the context of accelerated asylum procedures (GT-DH-AS)

Fact Sheet

Name of Group:

Working Group on Human Rights protection in the context of accelerated asylum procedures (GT-DH-AS)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

2008/DGHL/1409 “Substantive legal analysis of human rights issues and input in the development of Council of Europe policies on such issues”.

Project relevance:

The Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), notably chapter I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”.

The Statute of the Council of Europe (1949, ETS No. 1) – Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.

Decision No. CM/868/14062006, adopted by the Ministers’ Deputies at their 967th meeting (14 June 2006), “giving ad hoc terms of reference to the CDDH with a view to examining the question of human rights protection in the context of accelerated asylum procedures and, as appropriate, to draft guidelines in this field” is the source of political justification and framework of the Group’s work.

Project added value:

This work, which involves representatives of civil society, reflects in particular the case law of the European Court of Human Rights and contributes to helping member states elaborate, promote and implement accelerated asylum procedures in full compliance with the fundamental values of the Council of Europe.

In partnership with other international organisations (governmental or otherwise), which will be represented in the meetings of the Working Group, the CDDH pays particular attention at avoiding any duplication and providing contributions from its own specific “human rights” perspective (see also Project 2008/DGHL/1409 mentioned above).

Financial information:

Work will be completed in 2009 by the GT-DH-AS (8 members) which will meet once.

The cost is about €21 000 = €8 000 (experts costs) + €8 000 (interpretation costs) + €1 000 (translation costs) + €1 000 (production of documents) + €3 000 (publication costs).

Draft terms of reference of the Working Group on Human Rights protection in the context of accelerated asylum procedures (GT-DH-AS)

1.

Name of Group:

Working Group on Human Rights protection in the context of accelerated asylum procedures (GT-DH-AS)

2.

Type of Group:

Ad hoc Advisory Group

3.

Source of terms of reference:

The Committee of Ministers on the proposal of the Steering Committee for Human Rights (CDDH)

4.

Terms of reference:

 

Having regard to:

-

the Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

-

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005); CM(2005)80 final 17 May 2005), in particular chapter I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”;

-

Decision No. CM/868/14062006, adopted by the Ministers’ Deputies at their 967th meeting (14 June 2006), giving ad hoc terms of reference to the Steering Committee for Human Rights (CDDH) with a view to examine the question of human rights protection in the context of accelerated asylum procedures and, as appropriate, to draft guidelines in this field ;

-

the Convention for the Protection of Human Rights and Fundamental Freedoms (1950, CETS No. 5).

 

Under the authority of the Steering Committee for Human Rights (CDDH) and in relation with the implementation of Project 2008/DGHL/1409 “Substantive legal analysis of human rights issues and input in the development of Council of Europe policies on such issues”, the Group is instructed to:

i.

finalise the drafting of guidelines on the question of human rights protection in the context of accelerated asylum procedures;

ii.

in this context, to take into account the information and standards emanating from the Council of Europe and other international mechanisms, such as relevant recommendations of the Committee of Ministers, reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), the case-law of the European Court of Human Rights, documents developed within the framework of the UNHCR and the International Law Commission.

5.

Composition of the Group:

5.A

Members

The Group shall be composed of 8 specialists with the relevant qualifications in issues concerning the right of asylum, appointed by the governments of the following member states: Armenia, Finland, Latvia, Poland, Romania, Sweden, Switzerland and the United Kingdom.

The Council of Europe budget will bear their travel and subsistence expenses. The above-mentioned states may send (an) additional representative(s) to meetings of the Group at their own expense. Other countries may send (a) representative(s) to meetings of the Group at their own expense.

5.B

Participants

i.

The following Committees may each send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of the corresponding Council of Europe budget sub-heads:

- the European Committee on Legal Cooperation (CDCJ);
- the European Committee on Migration (CDMG).

ii.

The European Commission against Racism and Intolerance (ECRI) may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iii.

The Parliamentary Assembly may send (a) representative(s) to meetings of the Group, without the right to vote and at the expense of its administrative budget.

iv.

The Congress of Local and Regional Authorities of the Council of Europe may send (a) representative(s) to meetings of the Group, without the right to vote and at the expense of its administrative budget.

v.

The Registry of the European Court of Human Rights may send (a) representative(s) to meetings of the Group, without the right to vote and at the expense of its administrative budget.

vi.

The Council of Europe Commissioner for Human Rights may send (a) representative(s) to meetings of the Group, without the right to vote and at the expense of its administrative budget.

vii.

The Conference of INGOs of the Council of Europe may send (a) representative(s) to meetings of the Group, without the right to vote and at the expense of the body that (s)he (they) represent(s).

5.C

Other participants

i.

The European Commission and the Council of the European Union may send (a) representative(s) to meetings of the Group, without the right to vote or defrayal of expenses.

ii.

States with observer status of the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send (a) representative(s) to meetings of the Group, without the right to vote or defrayal of expenses.

iii.

The following bodies and intergovernmental organisations may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses :

- Organisation for Security and Co-operation in Europe (OSCE) / Office for Democratic Institutions and Human Rights (ODIHR);
- Office of the United Nations High Commissioner for Human Rights;
- Office of the United Nations High Commissioner for Refugees.

5.D

Observers

The following non member state:

- Belarus;

and the following non-governmental organisations:

- Amnesty International;
- International Commission of Jurists (CIJ);
- International Federation of Human Rights (FIDH);
- European Roma and Travellers Forum;
- European Group of National Institutions for the Promotion and Protection of Human Rights

may send (a) representative(s) to meetings of the Group, without the right to vote or defrayal of expenses.

6.

Working methods and structures:

 

In order to carry out its tasks, the Group may, where necessary, seek advice of external experts, have recourse to consultants and consult with relevant non-governmental organisations and other members of civil society.

The CDDH is entitled to invite other participants and/or observers to the Group, without the right to vote or defrayal of expenses.

7.

Duration:

 

These terms of reference will expire on 31 March 2009.
This is an exceptional extension of the former terms of reference with no substantial amendments for a limited period of 3 months to allow the Group to complete its work.

Appendix 10

Draft terms of reference of the DH-DEV Group on Human Rights of members of the armed forces (DH-DEV-FA)

Fact Sheet

Name of Group:

DH-DEV Group on Human Rights of members of the armed forces
(DH-DEV-FA)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

2008/DGHL/1408 “Coherence and synergies in the development of HR law and policy of different fora (UN, EU, OSCE)”
2008/DGHL/1409 “Substantive legal analysis of HR issues and input in the development of COE policies on such issues”

Project relevance:

The Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), notably chapter I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”.

The Statute of the Council of Europe (1949, ETS No. 001) – Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.

This activity finds also its roots in Parliamentary Assembly Recommendation 1742 (2006) “Human rights of members of the armed forces”, adopted on 11 April 2006, which highlights serious human rights violations of which personnel of the armed forces can be the victims in certain member states.

The Committee of Ministers has considered appropriate the drafting of a recommendation, for its adoption, by the CDDH. The latter entrusted the DH-DEV-FA with this task, under the authority of the DH-DEV. This recommendation will recall the relevant standards of the organisation, in particular those reflected in the European Convention on Human Rights, as interpreted by the European Court of Human Rights, and those resulting from the European Social Charter, in the light of the conclusions of European Committee of Social Rights, and call on member states to respect these standards.

Project added value:

In this field, the Council of Europe is the most suitable European body to prepare legal instruments based on the case law of the Court and conclusions of the European Committee of Social Rights (see also Project 2004/DG2/24 mentioned above).

This activity will be undertaken while fully taking into account the work carried out within other international fora, in particular the UN and the OSCE. The latter is about to finalise a manual on human rights and fundamental freedoms of personnel of the armed forces.

The work of the DH-DEV Group lends itself to partnerships with other international organisations (governmental or otherwise) which are represented at its meetings. Under the authority of the DH-DEV, the Group pays particular attention at avoiding any duplication and providing contributions from its own specific “human rights perspective”.

Financial information:

Work will be completed in December 2009.
The Group (15 members maximum) will meet twice in 2009.
The cost is about €75 000 = €45 000  (experts costs) + €24 000 (interpretation costs) + €3 000 (translation costs) + €3 000 (production of documents).

Draft terms of reference of the DH-DEV Group on Human Rights of members of the armed forces (DH-DEV-FA)

1.

Name of Group:

Group on Human Rights of members of the armed forces (DH-DEV-FA)

2.

Type of Group:

Ad hoc Advisory Group

3.

Source of terms of reference:

The Committee of Ministers on the proposal of the Steering Committee for Human Rights (CDDH)

4.

Terms of reference:

 

Having regard to:

-

the Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

-

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005); CM(2005)80 final 17 May 2005), in particular chapter I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”;

-

the Decision No. CM/870/18012007, adopted by the Ministers’ Deputies at their 984th meeting (17-18 January 2007), giving ad hoc terms of reference to the Steering Committee for Human Rights (CDDH) to prepare a recommendation on Human rights of members of the armed forces.

 

Under the authority of the Steering Committee for Human Rights (CDDH) and in relation with the implementation of Projects 2008/DGHL/1408 “Coherence and synergies in the development of HR law and policy of different fora (UN, EU, OSCE)” and 2008/DGHL/1409 “Substantive legal analysis of HR issues and input in the development of COE policies on such issues”, the Committee is instructed to:

i.

Finalise the drafting of a recommendation along the lines proposed in paragraph 10 of Parliamentary Assembly Recommendation 1742 (2006) – Human rights of members of the armed forces whilst also taking into account the recommendation as a whole. In doing so, due account shall be taken of the work carried out on this topic in other international organisations, and notably the UN and the OSCE.

5.

Composition:

5.A

Members

 

The Group is composed of a maximum of 13 specialists with the relevant qualifications concerning issues related to human rights in the armed forces, appointed by the governments of the following member states:

Austria, Belgium, Denmark, Finland (Chair), France, Hungary, Latvia, Poland, Portugal, Russian Federation, Slovak Republic, Turkey, and United Kingdom.

The Council of Europe budget will bear their travel and subsistence expenses. The above-mentioned states may send (an) additional representative(s) to meetings of the Group at their own expense. Other countries may send (a) representative(s) to meetings of the Group at their own expense.

5.B

Participants

i.

The Parliamentary Assembly may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

ii.

The Council of Europe Commissioner for Human Rights may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iii.

The European Commission against Racism and Intolerance (ECRI) may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iv.

The Steering Committee on the Media and New Communication Services (CDMC) may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of the corresponding Council of Europe budget sub-head.

5.C

Other participants

i.

The European Commission and the Council of the European Union may send (a) representative(s) to meetings of the Committee, without the right to vote or defrayal of expenses.

ii.

States with observer status of the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send (a) representative(s) to meetings of the Committee, without the right to vote or defrayal of expenses.

iii.

The following bodies and intergovernmental organisations may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses :

- Organisation for Security and Co-operation in Europe (OSCE) / Office for Democratic Institutions and Human Rights (ODIHR);
- Office of the United Nations High Commissioner for Human Rights.

5.D

Observers

 

The following non member state:

- Belarus

and the following non-governmental organisations:

- Amnesty International;
- International Commission of Jurists (CIJ);
- International Federation of Human Rights (FIDH);
- European Roma and Travellers Forum;
- Conference of European Churches (KEK);
- Human Rights Watch;
- International Helsinki Foundation;
- International Committee of the Red Cross (ICRC);
- European Organisation of Military Associations (EUROMIL);
- Coalition to Stop the Use of Child Soldiers;
- European Group of National Institutions for the Promotion and Protection of Human Rights

may send (a) representative(s) to meetings of the Committee, without the right to vote or defrayal of expenses.

6.

Working methods and structures:

i.

The Group will finalise the draft recommendation for consideration by the plenary of the DH-DEV before transmission to the CDDH.

ii.

Within the limits of available budgetary appropriations, the Committee may organise hearings with representatives of NGOs and of national institutions for the promotion and protection of human rights (NHRIs), as well as with any other third party in a position to contribute to its work.

7.

Duration:

 

These terms of reference will expire on 31 December 2009.
This is an exceptional extension of the former terms of reference with no substantial amendments for a limited period of 1 year to allow the Group to complete its work.

Appendix 11

Draft terms of reference of the Committee of Experts on impunity (DH-I)

Fact Sheet

Name of Committee:

Committee of Experts on impunity (DH-I)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

2008/DGHL/1409 – Substantive legal analysis of human rights issues and input in the development of Council of Europe policies on such issues

Project relevance:

The Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005; CM(2005)80 final 17 May 2005), notably chapter I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”.

The Statute of the Council of Europe (1949, ETS No. 1) – Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.

The source of political justification and framework of the Committee’s work stem also from the Reply CM/AS(2008)Rec1791final, adopted by the Ministers’ Deputies on 11 June 2008 at their 1029th meeting. The Committee of Ministers indicated that impunity is “an issue of major concern, which it has already addressed in connection with monitoring of the execution of the judgments of the European Court of Human Rights. The Steering Committee for Human Rights (CDDH) will be invited to study the feasibility of the guidelines proposed by the Assembly, in conjunction with the European Committee on Crime Problems (CDPC)”.

This work, which involves representatives of civil society, stems from the recognition of the need of addressing the issue of the impunity which perpetrators of certain serious human rights violations enjoy. The examination of the feasibility of guidelines on this question will take into account the case-law of the European Court of Human Rights and the work of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). If considered appropriate, this instrument could send a clear signal of Europe’s willingness to end impunity regarding human rights violations.

Project added value:

In partnership with other international organisations (intergovernmental or otherwise), which will be represented in the meetings of the Committee, the DH-I examines the feasibility of guidelines of the Council of Europe on impunity and, if appropriate, prepares a draft set of guidelines.

Financial information:

Work will be completed in 2009 by the DH-I (13 members) which will meet once a year.

The cost is about €36 700 = €22 000 (experts costs) + €11 700 (interpretation costs) + €2 000 (translation costs) + €1 000 (production of documents)

Draft terms of reference of the Committee of Experts on impunity (DH-I)

1.

Name of Committee:

Committee of Experts on impunity (DH-I)

2.

Type of Committee:

Committee of experts

3.

Source of terms of reference:

The Committee of Ministers on the proposal of the Steering Committee for Human Rights (CDDH)

4.

Terms of reference:

 

Having regard to:

-

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

-

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005); CM(2005)80 final 17 May 2005), in particular chapter I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”;

-

Reply No. CM/AS(2008)Rec1791final, adopted by the Ministers’ Deputies on 11 June 2008 at their 1029th meeting, which indicated that impunity was “an issue of major concern, which it has already addressed in connection with monitoring of the execution of the judgments of the European Court of Human Rights. The Steering Committee for Human Rights (CDDH) will be invited to study the feasibility of the guidelines proposed by the Assembly, in conjunction with the European Committee on Crime Problems (CDPC)”.

-

the Convention for the Protection of Human Rights and Fundamental Freedoms (1950, CETS No. 5).

-

Parliamentary Assembly Recommendation 1791 (2007) on the State of human rights and democracy in Europe and report of the Committee on Legal Affairs and Human Rights (Doc. 11202)

 

Under the authority of the Steering Committee for Human Rights (CDDH) and in relation with the implementation of Project 2008/DGHL/1409 “Substantive legal analysis of human rights issues and input in the development of Council of Europe policies on such issues”, the Committee is instructed to:

i.

Study the feasibility of guidelines against impunity for human rights violations;

ii.

If considered appropriate, prepare a set of guidelines, drawing on inter alia, the case-law of the European Court of Human Rights, and the work of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).

5.

Composition of the Committee:

5.A

Members

Governments of member states are entitled to appoint representatives with the relevant qualifications relating to impunity issues.

The Council of Europe budget will bear the travel and subsistence expenses of the 13 members appointed by the following member states: Belgium, Finland, France, Luxembourg, Moldova, the Netherlands, Poland, Portugal, Russian Federation, Serbia, Slovak Republic, Turkey and United Kingdom.

The above-mentioned states may send (an) additional representative(s) to meetings of the Committee at their own expense. Representatives appointed by other member states may participate in the meetings of the Committee at the expense of these states.

5.B

Participants

i.

The following Committees may send (a) representative(s) to meetings of the Committee, without the rights to vote and at the expense of correspondent budgetary articles of the Council of Europe:

- the European Committee on Crime Problems (CDPC);
- the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

ii.

The Parliamentary Assembly may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iii.

The Congress of Local and Regional Authorities of the Council of Europe may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iv.

The Registry of the European Court of Human Rights may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

v.

The Council of Europe Commissioner for Human Rights may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

vi.

The Conference of INGOs of the Council of Europe may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of the body that (s)he (they) represent(s).

5.C

Other participants

i.

The European Commission, the Council of the European Union and the European Union Agency for Fundamental Rights (FRA) may send (a) representative(s) to meetings of the Committee, without the right to vote or defrayal of expenses.

ii.

States with observer status of the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send (a) representative(s) to meetings of the Committee, without the right to vote or defrayal of expenses.

iii.

The following bodies and intergovernmental organisations may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses :

- Organisation for Security and Co-operation in Europe (OSCE) / Office for Democratic Institutions and Human Rights (ODIHR);
- Office of the United Nations High Commissioner for Human Rights.

5.D

Observers

The following non member state:

- Belarus;

and the following non-governmental organisations:

- Amnesty International;
- International Commission of Jurists (CIJ);
- International Federation of Human Rights (FIDH);
- European Group of National Institutions for the Promotion and Protection of Human Rights

may send (a) representative(s) to meetings of the Committee, without the right to vote or defrayal of expenses.

6.

Working methods and structures:

 

In order to carry out its tasks, the Committee may, where necessary, within the limits of available budgetary appropriations, seek advice of external experts, have recourse to consultants and consult with relevant non-governmental organisations and other members of civil society, as well as other pertinent bodies.

The CDDH is entitled to invite other participants and/or observers to meetings of the Committee, without the right to vote or defrayal of expenses.

7.

Duration:

 

These terms of reference will expire on 31 December 2010.

Appendix 12

Draft terms of reference of the Committee of Experts on discrimination on grounds of sexual orientation and gender identity (DH-LGBT)

Fact Sheet

Name of Committee:

Committee of Experts on discrimination on grounds of sexual orientation and gender identity (DH-LGBT)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

2008/DGHL/1409 – Substantive legal analysis of human rights issues and input in the development of Council of Europe policies on such issues

Project relevance:

The Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), notably chapter I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”.

The Statute of the Council of Europe (1949, ETS No. 1) – Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.

Decision No. CM/876/02072008, adopted by the Ministers’ Deputies at their 1031st meeting (2 July 2008), “giving ad hoc terms of reference for the Steering Committee for Human Rights (CDDH), with a view to preparing a recommendation on discrimination based on sexual orientation and gender identity”, is the source of political justification and framework of the Committees work.

This work, which involves representatives of civil society, takes into account in particular the case-law of the European Court of Human Rights and aims at guiding states as to the measures to be taken to combat discrimination based on sexual orientation or gender identity, to ensure respect for the human rights of lesbian, gay, bisexual and transgender persons and to promote tolerance towards them.

Project added value:

In partnership with other international organisations (governmental or otherwise), which will be represented in the meetings of the Committee, the DH-LGBT prepares the first instrument of the Council of Europe on discrimination on grounds of sexual orientation and gender identity.

Financial information:

Work will be completed in 2009 by the DH-LGBT (9 members) which will meet twice.

The cost is about €32 700 = €18 000 (experts costs) + €11 700 (interpretation costs) + €2 000 (translation costs) + €1 000 (production of documents).

Draft terms of reference of the Committee of Experts on discrimination on grounds of sexual orientation and gender identity (DH-LGBT)

1.

Name of Committee:

Committee of Experts on discrimination on grounds of sexual orientation and gender identity (DH-LGBT)

2.

Type of Committee:

Committee of experts

3.

Source of terms of reference:

The Committee of Ministers on the proposal of the Steering Committee for Human Rights (CDDH)

4.

Terms of reference:

 

Having regard to:

-

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

-

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005); CM(2005)80 final 17 May 2005), in particular chapter I.2. “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”;

-

Decision No. CM/876/02072008, adopted by the Ministers’ Deputies at their 1031st meeting (2 July 2008), giving ad hoc terms of reference for the Steering Committee for Human Rights (CDDH), with a view to preparing a recommendation on discrimination based on sexual orientation and gender identity;

-

the Convention for the Protection of Human Rights and Fundamental Freedoms (1950, CETS No. 5).

 

Under the authority of the Steering Committee for Human Rights (CDDH) and in relation with the implementation of Project 2008/DGHL/1409 “Substantive legal analysis of human rights issues and input in the development of Council of Europe policies on such issues”, the Committee is instructed to:

i.

Draft a recommendation on measures to combat discrimination based on sexual orientation or gender identity, to ensure respect for the human rights of lesbian, gay, bisexual and transgender persons and to promote tolerance towards them.

5.

Composition of the Committee:

5.A

Members

Governments of member states are entitled to appoint representatives with the relevant qualifications on issues concerning the rights of LGBT persons.

The Council of Europe budget will bear the travel and subsistence expenses of 9 members appointed by the following member states: Austria, Croatia, Germany, Hungary, the Netherlands, Norway, Sweden, Switzerland and “the former Yugoslav Republic of Macedonia”.

The above-mentioned states may send (an) additional representative(s) to meetings of the Committee at their own expense. Representatives appointed by other member states may participate in the meetings of the Committee at the expense of these states.

5.B

Participants

i.

The European Committee on Legal Cooperation (CDCJ) may send (a) representative(s) to meetings of the Committee, without the rights to vote and at the expense of correspondent budgetary articles of the Council of Europe.

ii.

The European Commission against Racism and Intolerance (ECRI) may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iii.

The Parliamentary Assembly may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iv.

The Congress of Local and Regional Authorities of the Council of Europe may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

v.

The Registry of the European Court of Human Rights may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

vi.

The Council of Europe Commissioner for Human Rights may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

vii.

The Conference of INGOs of the Council of Europe may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of the body that (s)he (they) represent(s).

5.C

Other participants

i.

The European Commission, the Council of the European Union and the European Union Agency for Fundamental Rights (FRA) may send (a) representative(s) to meetings of the Committee, without the right to vote or defrayal of expenses.

ii.

States with observer status of the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send (a) representative(s) to meetings of the Committee, without the right to vote or defrayal of expenses.

iii.

The Organisation for Security and Co-operation in Europe (OSCE) / the Office for Democratic Institutions and Human Rights (ODIHR) may send (a) representative(s) to meetings of the Committee, without the right to vote or defrayal of expenses.

5.D

Observers

The following non member state:

- Belarus;

and the following non-governmental organisations:

- Amnesty International;
- International Commission of Jurists (CIJ);
- International Federation of Human Rights (FIDH);
- International Lesbian and Gay Association – Europe (ILGA – Europe);
- TransGender EU (TGEU);
- European Group of National Institutions for the Promotion and Protection of Human Rights

may send (a) representative(s) to meetings of the Group, without the right to vote or defrayal of expenses.

6.

Working methods and structures:

 

In order to carry out its tasks, the Committee may, where necessary, within the limits of available budgetary appropriations, seek advice of external experts, have recourse to consultants and consult with relevant non-governmental organisations and other members of civil society.

The CDDH is entitled to invite other participants and/or observers to meetings of the Committee, without the right to vote or defrayal of expenses.

7.

Duration:

 

These terms of reference will expire on 30 June 2009.

Appendix 13

Draft terms of reference of the Committee of Experts on a draft statute for the European Court of Human Rights (DH-PR-STAT)

Fact Sheet

Name of Committee:

Committee of Experts on a draft statute for the European Court of Human Rights (DH-PR-STAT)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

2008/DGHL/1403 “Enhancing the control system of the ECHR”.

Project relevance:

The Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), notably chapter I.1. “Ensuring the continued effectiveness of the European Convention on Human Rights”.
The Statute of the Council of Europe (1949, CETS No. 001) - Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.
The source of political justification and framework of the current work of the CDDH stem also from the Declaration of the Committee of Ministers on sustained action to ensure the effectiveness of the implementation of the European Convention on Human Rights at national and European levels (adopted on 19 May 2006 at its 116th Session).

Project added value:

Work carried out by the DH-PR-STAT is specific to the Council of Europe.

This instrument would represent an important development to reinforce the functioning of the European Convention on Human Rights system, by making the reform process more flexible and thereby allowing the Court mechanism to be adapted to continuing developments.

Financial information:

Work will be completed in 2010 by the DH-PR-STAT (13 members) which will meet twice.

The cost is about €40 700 = €26 000 (experts costs) + €11 700 (interpretation costs) + €2 000 (translation costs) + €1 000 (production of documents).

Draft terms of reference of the Committee of Experts on a draft statute for the European Court of Human Rights (DH-PR-STAT)

1.

Name of Committee:

Committee of Experts on a draft statute for the European Court of Human Rights (DH-PR-STAT)

2.

Type of Committee:

Committee of experts

3.

Source of terms of reference:

The Committee of Ministers on the proposal of the Steering Committee for Human Rights (CDDH)

4.

Terms of reference:

Having regard to:

-

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods, adopted by the Committee of Ministers on 14 December 2005;

-

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005; CM(2005)80 final, 17 May 2005), in particular chapter I.1. “Ensuring the continued effectiveness of the European Convention on Human Rights”;

-

the Convention for the Protection of Human Rights and Fundamental Freedoms (1950, ETS No. 5) and Protocol No. 14 to the ECHR, amending the control system of the Convention (2004, CETS No. 194);

-

the Declaration of the Committee of Ministers on sustained action to ensure the effectiveness of the implementation of the European Convention on Human Rights at national and European levels (adopted on 19 May 2006 at its 116th Session);

 

Under the authority of the Steering Committee for Human Rights (CDDH) and in relation with the implementation of the project 2008/DGHL/1403 “Enhancing the control system of the European Court of Human Rights” of the Programme of Activities, the Committee is instructed to:

i.

examine in depth the possible content and modalities for introduction of an eventual Statute for the European Court of Human Rights, which would occupy a position in between the existing European Convention on Human Rights and the Rules of the European Court of Human Rights;

ii.

consider in particular including the following elements in the contents of an eventual Statute:

- certain provisions contained in Section II of the European Convention on Human Rights, with revision where necessary;
- certain provisions found in the Rules of the Court, with modification where necessary;
- certain provisions found in other relevant treaties, notably the General Agreement on Privileges and Immunities of the Council of Europe and its Protocols and the European Agreement relating to Persons participating in proceedings of the European Court of Human Rights, with development where appropriate;

iii.

consider the most appropriate modality for the introduction of such an instrument, in particular the possibility of doing so by way of an amending Protocol to the European Convention on Human Rights, with the Statute thus established being susceptible to amendment by resolution of the Committee of Ministers;

iv.

take into account relevant elements of the Wise Persons’ report, as well as of the contributions made on it by the Parliamentary Assembly, the Court, the Secretary General, the Commissioner for Human Rights and civil society, in reply to the invitation given at the 984th meeting of the Ministers’ Deputies (17 January 2007);

v.

take into also the results of the Colloquy on the future developments of the European Court of Human Rights in the light of the Wise Persons’ report (San Marino, 22-23 March 2007) and the results of other activities and initiatives relating to the reform of the ECHR system, including those undertaken by Sweden, Norway and Poland.

5.

Composition of the Committee:

5.A

Members

Governments of member states are entitled to appoint representatives with the relevant qualifications concerning procedures in the framework of international human rights protection instruments, in particular the European Convention on Human Rights.

The Council of Europe budget will bear the travel and subsistence expenses of 13 members appointed by the following member states: Belgium (Chair), Czech Republic, Finland, France, Germany, Iceland, Latvia, the Netherlands, Poland, Portugal, Romania, Switzerland, and United Kingdom.

The above-mentioned states may send (an) additional representative(s) to meetings of the Committee at their own expense. Representatives appointed by other member states may participate in the meetings of the Committee at the expense of these states.

5.B

Participants

i.

The following committees may each send a representative to meetings of the Committee, without the right to vote and at the expense of the corresponding Council of Europe budgetary article:

- the European Commission for the Efficiency of Justice (CEPEJ);

- the European Commission for Democracy through Law (“Venice Commission”).

ii.

The Parliamentary Assembly may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iii.

The Council of Europe Commissioner for Human Rights may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iv.

The Registry of the European Court of Human Rights may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

v.

The Conference of INGOs of the Council of Europe may send (a) representative(s) to meetings of the Committee, without the right to vote and at the expense of the body that (s)he (they) represent(s).

5.C

Other participants

i.

The European Commission and the Council of the European Union may send (a) representative(s) to meetings of the Committee, without the right to vote or defrayal of expenses.

ii.

States with observer status of the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send (a) representative(s) to meetings of the Committee, without the right to vote or defrayal of expenses.

iii.

The following bodies and intergovernmental organisations may send (a) representative(s) to meetings of the Committee without the right to vote or defrayal of expenses :

- Organisation for Security and Co-operation in Europe (OSCE) / Office for Democratic Institutions and Human Rights (ODIHR);
- Office of the United Nations High Commissioner for Human Rights.

5.D

Observers

 

The following non member state:

- Belarus;

and the following non-governmental organisations:
- Amnesty International;
- International Commission of Jurists (ICJ);
- International Federation of Human Rights (FIDH);
- European Roma and Travellers Forum;
- European Group of National Institutions for the Promotion and Protection of Human Rights

may send (a) representative(s) to meetings of the Committee, without the right to vote or defrayal of expenses.

6.

Working Structures and Methods:

 

In order to fulfil its tasks, the Committee:

may authorise the participation of other participants and/ or observers, without the right to vote or defrayal of expenses;
is authorised to seek, as appropriate and within its budgetary appropriations, the advice of experts, to have recourse to studies prepared by consultants and to consult relevant non-governmental organisations and other members of civil society.

Bearing in mind the specific nature of this work, it would in the first place be for the Committee of Experts for the improvement of procedures for the protection of human rights (DH-PR) to give appropriate directions to this Committee of experts of restricted composition. The Committee will report on its activities to the DH-PR for the annual meeting. The DH-PR will then report to the CDDH.

It should be noted that the research, negotiation and drafting of a possible Statute will take a relatively long time.

7.

Duration:

 

These terms of reference will expire on 31 December 2010.

1 This document has been classified restricted until examination by the Committee of Ministers.

2 These two documents are available from the Secretariat.


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